79S20099 MTB-D



By:  Phillips                                                     H.B. No. 50 







A BILL TO BE ENTITLED



AN ACT



relating to highway signs for certain businesses related to 

agriculture.    

	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        

	SECTION 1.  Subchapter D, Chapter 391, Transportation Code, 

is amended by adding Section 391.097 to read as follows:

	Sec. 391.097.  MAJOR AGRICULTURAL INTEREST SIGN.  (a)  In 

this section:

		(1)  "Eligible rural highway" means a highway that:                    

			(A)  has noncontrolled access; and                                    

			(B)  is outside the corporate limits of a 

municipality.             

		(2)  "Major agricultural interest" means a farm, ranch, 

winery, nursery, greenhouse, or other facility that:

			(A)  sows or cultivates an agricultural product;                      

			(B)  devotes a minimum of five acres of land to the 

production of the agricultural product or produces wine or other 

finished agricultural products on the grounds or facilities toured 

as required by Paragraph (D);

			(C)  markets the product on the premises as a 

retail sale of the product; and

			(D)  conducts public tours of the grounds or 

facilities.            

	(b)  The department shall contract with an individual, firm, 

group, or association to erect and maintain agricultural interest 

signs.

	(c)  A contract under this section shall provide for:                   

		(1)  the assessment of fees to be paid to a contractor 

by a commercial establishment of a major agricultural interest;

		(2)  remittance to the department of 10 percent of the 

fees collected by the contractor; and

		(3)  regulation of the content, composition, 

placement, erection, and maintenance of major agricultural 

interest signs and supports on eligible rural highway 

rights-of-way.

	(d)  To be eligible to have its name displayed on a major 

agricultural interest sign, a major agricultural interest must:

		(1)  be located within five miles of an intersection 

with an eligible rural highway; and

		(2)  provide additional directional signs at each 

intersecting road that requires a turn if the major agricultural 

interest is located two or more turns off of an eligible rural 

highway.

	(e)  A major agricultural interest sign must:                           

		(1)  have a blue background with a white reflective 

legend and border;

		(2)  not contain a corporate or trademark symbol; and                  

		(3)  not contain a message, symbol, or trademark that 

resembles an official traffic control device.

	(f)  The commission shall adopt rules necessary to 

administer and enforce this section.

	(g)  This section expires December 31, 2006.                            

	SECTION 2.  Sections 391.099(a)(1) and (3), Transportation 

Code, as added by Section 9, S.B. 1137, Acts of the 79th 

Legislature, Regular Session, 2005, are amended to read as follows:

		(1)  "Eligible facility" means a winery or a business 

related to agriculture [or tourism], including a farm or[,] ranch, 

[or other tourist activity,] that:

			(A)  derives a major portion of its income or 

visitors during the normal business season from highway users not 

residing in the area of the facility;

			(B)  complies with state and federal laws relating 

to:                     

				(i)  provision of public accommodation 

without regard to race, religion, color, age, sex, or national 

origin; and

				(ii)  licensing and approval of service 

facilities; and                   

			(C)  is located within the mile limitations 

established under the Texas Manual on Uniform Traffic Control 

Devices and the Manual on Uniform Traffic Control Devices issued by 

the United States Department of Transportation, Federal Highway 

Administration.

		(3)  "Tourist-oriented directional sign" means a sign 

that identifies a particular winery or business related to 

agriculture [or tourism], including a farm or[,] ranch, [or other 

tourist activity,] and identifies the type or nature of the winery 

or business by use of an icon, symbol, or other identifying device.

	SECTION 3.  Notwithstanding the expiration of Section 

391.097, Transportation Code, on December 31, 2006, the contractor 

or commercial establishment of a major agricultural interest may 

continue to maintain a major agricultural interest sign erected 

under that section before that date, if the contractor or 

commercial establishment maintains standards established by the 

Texas Department of Transportation for highway signs.

	SECTION 4.  This Act takes effect December 1, 2005.